Regularization of members of CHS on Leasehold Occupancy Class Government Land
PUBLISHED ON: 14-09-2022
The Forest and Revenue Department, Government of Maharashtra has passed a government order dated February 27, 2022, bearing GR No. Land-2017/P. No. 98/J-1 (‘Government Order’), wherein it was recorded that that there were instances where Co-operative Housing Societies situated on Government lands had granted memberships without taking permission of the competent authority. It was further recorded that there were cases where the members had subsequently expired or had further transferred their membership to another person. Since the existing government order dated July 7, 2010 did not consider such eventualities, it was difficult to regularize such violations.
By the present Government Order, guidelines have been issued for regularization of membership of Co- operative Housing Societies upon making payment of penalty ranging from one percent (1%) to five percent (5%) of the Annual Rate Statement for a given year. The following are the illustrative categories where the membership could be regularized:
- Where the housing society is not recognized by the competent authority;
- Where a deceased member of a society not approved by the competent authority (i) fulfils original qualifications and, (ii) does not fulfil original qualifications;
- Where a member of a society resigns as a member, or his membership is transferred by the housing society without approval of the competent authority;
- Where housing society has applied for approval for transfer of membership after transferring membership;
- Where a flat has been transferred more than once without approval from the competent authority; and
- Where membership has been transferred in an unauthorized manner without approval of the competent authority.
The aforementioned Government Resolution, is available here.
